Definition of "Mental Disorder" under Washington's ITA

A finding of a person having a mental disorder is a threshold requirement to compel treatment against that person's will under Washington's Involuntary Treatment Act. The term "mental disorder" is defined as follows:

"Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions.
RCW 71.05.020(24)

The basic meanings of two important terms in this definition are:

• Cognitive functions. This is how well the person thinks.  Are they able to tell you what the date is?  Can they find their way home?  Do they suffer from delusions, or do they have a good grasp of what everyone else calls reality?
• Volitional functions.  This deals with how much control a person has over their will. Do they take action knowingly, with a reasonable purpose?  Or, do they engage in behaviors that seem involuntary, or inexplicable, even to them?

Note that the ITA's definition of a mental disorder is extremely broad. It can include serious psychiatric diseases like schizophrenia and bipolar disorder, or it can be a physical condition like a traumatic brain injury. Depression, personality disorders, dementia, and hyper-religiosity also fall under this definition. In short, the statutory definition of mental disorder includes pretty much any impairment that has a significant negative effect on the way a person thinks or acts.

Walla Walla attorney Jeff Burkhart is an experienced civil commitment litigator, and having him on your side will make a big difference. If you, or a family member, has an issue with a mental disorder that may lead to a civil commitment proceeding, contact Jeff Burkhart.

Legal Information

Estate Planning
Wills and Probate
Trusts
Powers of attorney
Health care directives

Elder Law
Guardianship
Caregiver Agreements
Medicare and Medicaid

Water Law
Water quality
Water rights

Business Law
Corporations and LLCs
Registered agent services
Governance
Commercial transactions
Collections

Real Estate
Landlord-Tenant
Land Use
Construction litigation
Real estate contracts
Foreclosures

Personal Injury

Criminal Defense
DUI
Expungement
Firearm rights
Medical marijuana

Appeals

Civil Commitment

Indian Law

Contact Us

Phone:  
(509) 529-0630

Fax: 
(509) 525-0630

Mail: 
PO Box 946
Walla Walla, WA 99362

In Person: 
6½ N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
Map

E-Mail: